Burrows et al v. OneWest Bank et al

Filing 18

STIPULATION AND ORDER re 17 STIPULATION WITH PROPOSED ORDER to Extend Time to File Amended Complaint filed by OneWest Bank, Carolee Burrows, Robert Burrows. Signed by Judge ARMSTRONG on 5/1/12. (lrc, COURT STAFF) (Filed on 5/2/2012)

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September J. Katje, Esq. (SBN 227896)
CONSUMER LITIGATION LAW CENTER, APC
100 N. Barranca Ave., Suite 700
West Covina, CA 91791
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiffs, ROBERT BURROWS
and CAROLEE BURROWS

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION

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ROBERT BURROWS and CAROLEE
BURROWS,
Plaintiff,

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vs.
ONEWEST BANK, a Federal Savings Bank,
formerly known as INDYMAC FEDERAL
SAVINGS BANK successor in interest to
FIRST NATIONAL LENDING SERVICES, a
California Corporation; MERIDIAN TRUST
DEED SERVICE, INC., a California
Corporation; and all persons or entities
unknown claiming any legal or equitable right,
title, estate, lien or interest in the property
described in this complaint adverse to
Plaintiffs’ title thereto, and DOES 1 through
50, inclusive,
Defendants.

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CASE NO. 4:12-CV-00995-SBA
STIPULATION TO EXTEND TIME TO
FILE PLAINTIFFS’ FIRST AMENDED
COMPLAINT OF RIGHT IN
RESPONSE TO DEFENDANT’S
MOTION TO DISMISS PLAINTIFFS’
COMPLAINT

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Pursuant to Civil Local Rule 6-1(a), Defendant Onewest Bank, FSB (“Defendant” or

“Onewest”) and Plaintiffs Robert Burrows and Carolee Burrows (“Plaintiffs”), by and

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through their respective counsel of record, hereby stipulate as follows:
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STIPULATION FOR EXTENSION OF TIME TO FILE OPPOSITION TO ONEWEST’S MOTION TO DISMISS

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WHEREAS, Plaintiffs filed their V e r i f i e d Complaint on February 6, 2012;

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WHEREAS, Defendant filed its Notice of Removal to this Court February 27, 2012;

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WHEREAS, Defendant filed its Motion to Dismiss Plaintiffs’ Complaint on April 9,

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2012;

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WHEREAS, Plaintiff has requested and Onewest has consented to extend Plaintiffs an
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additional fourteen (14) days from execution of this stipulation for the filing of

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Plaintiff's First Amended Complaint of right originally due April 30, 2012;

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WHEREAS, Plaintiffs will file the First Amended Complaint of right on or before May
14, 2012 upon approval of the Stipulation;

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WHEREAS, upon filing Plaintiff’s First Amended Complaint in accordance with

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this stipulation, the hearing set for May 22, 2012, to hear Defendant’s Motion to Dismiss

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will be vacated upon the Court’s approval;

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties,

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through their respective counsel, that Plaintiff shall file its First Amended Complaint in
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response to O n e w e s t’s Motion to Dismiss on or before May 14, 2012.

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Dated: April 30, 2012

CONSUMER LITIGATION LAW CENTER, APC

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By:_____/s/ September J. Katje__________
SEPTEMBER J. KATJE, ESQ.
Attorney for Plaintiffs, ROBERT BURROWS
and CAROLEE BURROWS

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Dated: April ___, 2012

ALLEN, MATKINS, LECK, GAMBLE, MALLORY &
NATSIS LLP

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By:___________________________________
NICHOLAS B. WARANOFF, ESQ.
Attorney for ONEWEST BANK, a Federal Savings
Bank
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STIPULATION FOR EXTENSION OF TIME TO FILE OPPOSITION TO ONEWEST’S MOTION TO DISMISS

ORDER

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IT IS HEREBY ORDERED as follows:

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1. The Plaintiffs are granted an extension of time to file their First Amended Complaint
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of Right to Defendant Onewest Bank’s Motion to Dismiss until on or before May 14,
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2012.
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2. Upon the filing of Plaintiffs’ First Amended Complaint in accordance with
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this stipulation, the hearing set for May 22, 2012 to hear Defendant’s Motion to
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Dismiss will be vacated upon the Court’s approval.
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IT IS SO ORDERED.
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Dated: 5/1/12
______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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STIPULATION FOR EXTENSION OF TIME TO FILE OPPOSITION TO ONEWEST’S MOTION TO DISMISS